926.01
Agricultural commodity handler definitions.

As used in this
chapter:

(A)
"Agricultural
commodity" means corn,
soybeans,
wheat, or any other
agricultural crop that the director of agriculture may designate by rule.
"Agricultural commodity" does not mean any grain that is purchased for sale as
seed.

(B)
"Agricultural
commodity handling" or "handling" means any of the following:

(1)
Engaging in or participating in the business of purchasing from producers
agricultural commodities for any use in excess of thirty thousand bushels
annually;

(2)
Operating a
warehouse as a bailee for the receiving, storing, shipping, or conditioning of
an agricultural commodity;

(3)
Receiving into a warehouse an agricultural commodity purchased under a delayed
price agreement;

(4)
Providing
marketing functions, including storage, delayed price marketing, deferred
payment, feed agreements, or any other marketing transaction whereby control is
exerted over the monetary proceeds of a producer's agricultural commodities by
a person other than the producer.

(C)
"Agricultural commodity handler" or "handler" means any person who is engaged
in the business of agricultural commodity handling.

(1)
Any person who
delivers an agricultural commodity to a licensed handler for storage,
conditioning, shipment, or sale;

(2)
Any
owner or legal holder of a ticket or receipt issued for an agricultural
commodity who is a creditor of the licensed handler for the value of the
agricultural commodity;

(3)
Any licensed
handler storing an agricultural commodity that the licensed handler owns
solely, jointly, or in common with others in a warehouse owned or controlled by
the licensed handler or any other licensed handler.

(F)
"Nonnegotiable receipt" means a receipt on which it is stated that the
agricultural commodity received will be delivered to the depositor or to the
order of any other person named in the receipt.

(G)
"Negotiable receipt" means a receipt on which it is stated that the
agricultural commodity received will be delivered to the bearer or to the order
of any person named in the receipt.

(H)
"Ticket" means a scale weight ticket, a load slip, or any evidence, other than
a receipt, given to a depositor by a licensed handler upon delivery of an
agricultural commodity to the handler.

(I)
"Warehouse" means any building, bin, protected enclosure, or similar premises
under the control of a licensed or unlicensed handler used for receiving,
storing, shipping, or handling an agricultural commodity.

(J)
"Storage" means the deposit of an agricultural commodity into a warehouse
either for the account of the licensed handler operating the warehouse or for
the account of a depositor.

(K)
"Producer" means any person who grows an agricultural commodity on land that
the person owns or leases.

(L)
"Agent" means any person, other than a producer, who delivers an agricultural
commodity to a licensed handler, either for sale or for storage, for the
account of the producer.

(M)
"Agricultural
commodity tester" or "tester" means a person who operates a moisture meter and
other quality testing devices to determine the quality of an agricultural
commodity.

(N)
"Federally
licensed grain inspector" means a person who is licensed by the United States
department of agriculture under the "United States Grain Standards Act," 39
Stat. 482 (1916), 7 U.S.C. 71, as amended, to test and grade grain, as "grain"
is defined in that act.

(O)
"Bailee" means
a person to whom an agricultural commodity is delivered in trust for storage in
a warehouse with title remaining in the name of the depositor.

(P)
"Bailor" means a person who delivers an agricultural commodity to a bailee in
trust for storage in a warehouse with title remaining in the name of the
depositor.

(Q)
"Bailment
agreement" means a bailor-bailee agreement between a depositor and a licensed
handler as stated in the terms of a receipt that is issued for an agricultural
commodity in storage and subject to the requirements of this chapter governing
the use of a receipt.

(R)
"Delayed price
agreement" means a written executory contract executed by and between a
licensed handler and a depositor that covers the sale and transfer of title of
an agricultural commodity and states in its written terms the service charges
and the method for pricing the commodity at a later date.

(S)
"Delayed price marketing" means the sale and transfer of title of an
agricultural commodity with the price to be established at a later date
according to the terms of a delayed price agreement.

(T)
"Deferred payment" means the deferral of payment to a depositor by a licensed
handler for an agricultural commodity to which the licensed handler has taken
title, for the purpose of deferring income of the depositor from one tax year
to another.

(U)
"Feed
agreement" means a written contract executed by and between a licensed handler
and a producer or depositor who delivers an agricultural commodity to the
licensed handler for storage whereby each of the following applies:

(1)
The
producer or depositor transfers title to the agricultural commodity to the
licensed handler in exchange for a nominal sum;

(2)
The
producer, upon delivery of the agricultural commodity to the licensed handler,
becomes a creditor of the licensed handler due to the lien that arises under
section 926.021 of the Revised Code;

(3)
All
or part of the agricultural commodity is returned to the producer at a later
date and used for feed purposes.

(V)
Notwithstanding section 1.02 of the Revised Code, "and" shall not be read "or"
and "or" shall not be read "and."